Texas 2023 - 88th Regular

Texas House Bill HB3550 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3550
2	2
3	3
4	4	AN ACT
5	5	relating to standards for and services provided by prescribed
6	6	pediatric extended care centers, including Medicaid reimbursement
7	7	for those services.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 248A.101(b), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(b) To protect the health and safety of the public and
12	12	ensure the health, safety, and comfort of the minors served by a
13	13	center, the rules must establish minimum center standards,
14	14	including:
15	15	(1) standards relating to the issuance, renewal,
16	16	denial, suspension, probation, and revocation of a license to
17	17	operate a center;
18	18	(2) standards relating to the provision of
19	19	family-centered basic services that include individualized
20	20	medical, developmental, and family training services;
21	21	(3) based on the size of the building and the number of
22	22	minors served, building construction and renovation standards,
23	23	including standards for plumbing, electrical, glass, manufactured
24	24	buildings, accessibility for persons with physical disabilities,
25	25	and fire protection;
26	26	(4) based on the size of the building and the number of
27	27	minors served, building maintenance conditions relating to
28	28	plumbing, heating, lighting, ventilation, adequate space, fire
29	29	protection, and other conditions;
30	30	(5) standards relating to the minimum number of and
31	31	qualifications required for personnel who provide personal care or
32	32	basic services to the minors served;
33	33	(6) standards relating to the sanitary conditions
34	34	within a center and its surroundings, including water supply,
35	35	sewage disposal, food handling, and general hygiene;
36	36	(7) standards relating to the programs offered by the
37	37	center to promote and maintain the health and development of the
38	38	minors served and to meet the training needs of the minors' parents
39	39	or legal guardians;
40	40	(8) standards relating to physician-prescribed
41	41	supportive services;
42	42	(9) standards relating to transportation services and
43	43	as required by Section 248A.1015; and
44	44	(10) standards relating to maintenance of patient
45	45	medical records and program records in accordance with other law
46	46	and with accepted professional standards and practices.
47	47	SECTION 2. Subchapter C, Chapter 248A, Health and Safety
48	48	Code, is amended by adding Sections 248A.1015 and 248A.105 to read
49	49	as follows:
50	50	Sec. 248A.1015. TRANSPORTATION STANDARDS. The executive
51	51	commissioner by rule shall establish minimum standards for
52	52	transportation services as required under Section 248A.101(b)(9).
53	53	In adopting rules under this section, the executive commissioner:
54	54	(1) shall authorize a center to determine:
55	55	(A) in coordination with a minor client's parent,
56	56	guardian, or other legally authorized representative, the schedule
57	57	of transportation services; and
58	58	(B) in coordination with the client's
59	59	prescribing physician, the necessary type of provider who must be
60	60	present during transportation;
61	61	(2) shall permit a minor client's parent, guardian, or
62	62	other legally authorized representative to decline a center's
63	63	transportation services entirely or only on a specific date; and
64	64	(3) may not:
65	65	(A) require a plan of care or physician's order
66	66	to document a client's need for transportation services to access a
67	67	center's services; or
68	68	(B) consider transportation services as nursing
69	69	services included in a client's plan of care.
70	70	Sec. 248A.105. INTERFERENCE WITH RIGHTS TO DETERMINE
71	71	TREATMENT. (a) Except as provided by Subsection (b), any rules the
72	72	executive commissioner adopts under this subchapter may not
73	73	interfere with the authority of a parent, guardian, or legally
74	74	authorized representative of a minor client to make decisions
75	75	regarding the treatment provided to the child.
76	76	(b) The executive commissioner, by rule, may limit the
77	77	maximum amount of authorized services provided to a client.
78	78	SECTION 3. Section 248A.158, Health and Safety Code, is
79	79	amended to read as follows:
80	80	Sec. 248A.158. RELATION TO NURSING SERVICES. (a) Subject
81	81	to Subsection (b), nursing [Nursing] services provided to a client
82	82	by a center must be a [one-to-one] replacement of private duty
83	83	nursing or other skilled nursing services provided in a setting
84	84	other than a center unless additional nursing services are
85	85	medically necessary.
86	86	(b) A center may provide nursing services in a group
87	87	setting, consistent with appropriate staffing ratios as the
88	88	executive commissioner determines.
89	89	SECTION 4. Subchapter D, Chapter 248A, Health and Safety
90	90	Code, is amended by adding Section 248A.159 to read as follows:
91	91	Sec. 248A.159. ADMISSION FORMS. (a) Before admission to a
92	92	center, the center may obtain all required parent or legal guardian
93	93	signatures for a patient on one consent document.
94	94	(b) The consent document must illustrate the involvement of
95	95	the parent or legal guardian in developing and establishing the
96	96	care and treatment to be provided to the patient in the center.
97	97	SECTION 5. Subchapter B, Chapter 32, Human Resources Code,
98	98	is amended by adding Section 32.0287 to read as follows:
99	99	Sec. 32.0287. PRESCRIBED PEDIATRIC EXTENDED CARE CENTER
100	100	REIMBURSEMENT. (a) In this section, "center" means a prescribed
101	101	pediatric extended care center licensed under Chapter 248A, Health
102	102	and Safety Code.
103	103	(b) In adopting rules governing the reimbursement of a
104	104	center for services provided under the medical assistance program,
105	105	the executive commissioner shall clearly identify the
106	106	documentation a center must obtain and maintain to be eligible for
107	107	reimbursement. The rules may not:
108	108	(1) authorize a center to combine documentation for
109	109	transportation with documentation for other services provided by
110	110	the center; or
111	111	(2) condition reimbursement of non-transportation
112	112	services on:
113	113	(A) a recipient's decision to use transportation
114	114	services on a specific date or on an ongoing basis; or
115	115	(B) a center's obtaining and maintaining
116	116	transportation documentation.
117	117	SECTION 6. As soon as practicable after the effective date
118	118	of this Act, the executive commissioner of the Health and Human
119	119	Services Commission shall:
120	120	(1) adopt the rules necessary to implement the changes
121	121	in law made by this Act; and
122	122	(2) update any relevant procedure manuals, including
123	123	the Children's Services Handbook, to conform to the changes in law
124	124	made by this Act.
125	125	SECTION 7. If before implementing any provision of this Act
126	126	a state agency determines that a waiver or authorization from a
127	127	federal agency is necessary for implementation of that provision,
128	128	the agency affected by the provision shall request the waiver or
129	129	authorization and may delay implementing that provision until the
130	130	waiver or authorization is granted.
131	131	SECTION 8. This Act takes effect September 1, 2023.
132	132	______________________________ ______________________________
133	133	President of the Senate Speaker of the House
134	134	I certify that H.B. No. 3550 was passed by the House on April
135	135	28, 2023, by the following vote: Yeas 109, Nays 33, 2 present, not
136	136	voting; and that the House concurred in Senate amendments to H.B.
137	137	No. 3550 on May 26, 2023, by the following vote: Yeas 113, Nays 29,
138	138	1 present, not voting.
139	139	______________________________
140	140	Chief Clerk of the House
141	141	I certify that H.B. No. 3550 was passed by the Senate, with
142	142	amendments, on May 24, 2023, by the following vote: Yeas 25, Nays
143	143	5.
144	144	______________________________
145	145	Secretary of the Senate
146	146	APPROVED: __________________
147	147	Date
148	148	__________________
149	149	Governor